Canada-China Memoranda of Understanding in the area of labour

Cooperation Framework between the Labour Program of Human Resources and Skills Development Canada and the Ministry of Human Resources and Social Security of the People's Republic of China in the field of Industrial Relations and Labour Standard

The Labour Program of Human Resources and Skills Development Canada and the Ministry of Human Resources and Social Security of the People's Republic of China, hereafter referred to as "the Participants".

Recalling that both Canada and China are members of the International Labour Organization (ILO) and are committed to respect, promote and realize the 1998 ILO Declaration on Fundamental Principles and Rights at Work;

Acknowledging the cooperative relationship that exists between them and their desire to strengthen and increase cooperation in the areas of industrial relations and labour standards; and

Recognizing that cooperation between the Participants in the above mentioned areas will serve their mutual interests and contribute to strengthening the relations between the two countries;

Have developed the following Cooperation Framework:

1. Overall Objective

The Participants affirm their common objective to strengthen respect for ILO fundamental labour principles and rights through the development and implementation of industrial relations and labour standards policies and legislation that support fair and stable workplaces and contribute to improved working conditions and living standards for workers in their respective countries.

2. Main Areas of Cooperation

The Participants have identified the following potential areas of activity to be explored:

1. Industrial Relations

   1. Policy/legislation development and implementation;
   2. Preventive mediation tools;
   3. Mechanisms and practices aimed at resolving disputes in a timely manner;
   4. Approaches, services and processes for fostering constructive relations between labour and management while improving their problem-solving skills;
   5. Tools and research infrastructure to further the development and implementation of industrial relations policies and conflict resolution mechanisms;
   6. Tripartite consultation and workplace joint committees; and
   7. Mechanisms and practices of collective bargaining.

2. Labour Standards

   1. Research, development, application and enforcement of labour standards;
   2. Labour inspection mechanisms;
   3. Legislation, policies, programs and practices aimed at eliminating discrimination and harassment in the workplace; and,
   4. Awareness-raising of labour legislation, i.e. rights and responsibilities among workers and employers.

3. Means of Cooperation and Activities

The Participants may cooperate through the following means:

1. Joint short term studies on the above subjects;
2. Joint workshops and seminars;
3. Research and information exchanges;
4. Exchange visits of experts and senior officials; and
5. Other means to be considered in due time.

Overall coordination for all activities under this Cooperation Framework will be done through the International and Intergovernmental Labour Affairs of the Labour Program of Human Resources and Skills Development Canada and the Department of International Cooperation of the Ministry of Human Resources and Social Security of China. The Participants may designate within each government the appropriate unit or agency to extend cooperation under this Cooperation Framework.

Where considered appropriate and necessary to achieve the objectives of this Cooperation Framework, upon mutual acceptance, the Participants may invite the participation of representatives of workers, employers and non-governmental organizations, as well as experts from universities and research institutions.

4. Timetable and Administrative Arrangements

The Participants will establish a timetable and administrative arrangements for the implementation of this Cooperation Framework based on the availability of funds and other domestic needs. In addition, the receiving country is not expected to pay in-country costs, accommodation and other incidental expenses incurred by the sending country. The sending country will ensure that their representatives have proper medical and emergency travel insurance in case of accident or illness.

5. Coming into Effect and Duration

This Cooperation Framework will come into effect upon its signature and will remain into effect until the 31st day of December 2012.

Signed in Ottawa, this _____day of ____, 2009, and in Beijing, this _____day of _____, 2009 in the English, French and Chinese languages, each version being equally valid.